Akin Gump’s Chip Cannon, a partner in the firm’s energy regulation, markets and enforcement practice, is quoted by Greenwire in the article “Key judge’s take on clean-power mandates sparks legal debate.”

The 7th Circuit Court of Appeals ruled that a Michigan law banning out-of-state renewables from counting toward its renewable portfolio standard (RPS) was unconstitutional because it violated the Commerce Clause. There is, however, some disagreement over whether the ruling is actually binding because certain parts of the majority’s opinion are seen as “dicta,”—either not at issue or not necessary for the ruling to be reached.

Cannon is of the view that Judge Richard Posner’s ruling had very little effect on the case in question, because “[the] issue on appeal was not whether a particular RPS violated the Commerce Clause.” Cannon went on to predict more lawsuits “popping up all over the place” because of Posner’s comments.